Liability in Accidents Caused by Negligent Motorists

In
January 2010, a 21-year-old pregnant woman died and two others were injured
when they were struck by a drunken driver along Interstate 805 in San Diego.

According
to reports, Elaina Luquis-Ortiz, from Lemon Grove, wanted to help a friend who
needed to pull over along the shoulder of I-805 south of Home Avenue due to a
flat tire.

Luquis-Ortiz
was with a group of people who were sitting inside a parked Mazda while waiting
for roadside assistance beside the freeway.

A
black Chevrolet Tahoe that is being driver by Joseph Anthony Vargas, 40,
suddenly struck the vehicle they were in.The woman died instantly.

Reports
said the driver pleaded guilty to charges of driving under the influence and
gross vehicular manslaughter while intoxicated.

This
incident shows how a negligent motorist can trigger the occurrence of an accident
and end an innocent person's life.

Defining Negligence

Negligence
is known as a legal theory, which is used as a basis for most car accident
cases. It involves careless or negligent actions that cause injury or harm to
others. A motorist will be seen as negligent if he has performed an action that
he is prohibited from doing like drunk driving and speeding. He will also be
guilty of it if he has failed to perform an action that he should have done
like stopping at a red light, yielding the right of way, or reducing speed when
driving near residential or school areas.

Under
the law, a driver should exert reasonable care while driving in order to avoid
accidents that can cause injury to pedestrians, his passengers, and other
motorists.

A
person who was injured in an accident that occurred due to a driver's negligent
actions has the right to file a case in court. He will maximize his chances of
being compensated by seeking legal help from a personal injury attorney.

Compensation for Car
Accident Victims

A
victim may be entitled to receive the following monetary damages upon winning a
car accident case:

Medical
expenses- It covers the bills for the victim's doctors, emergency room
treatment nursing services, and hospital stays. However, he will only be
awarded with it if he is able to establish that these expenses are caused by a
medical condition, which resulted from his injuries.

Future
medical expenses- It is awarded to the victim if he needs to have continued
medical treatment.

Lost
wages- It covers the amount of money the victim is expected to earn if he was
not injured in the accident.